Legal Opinion
After Midnight Co. v. MIP 145 East 57th Street, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2017No. 2644 151014/15PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Edmead, J.), entered on or about November 16, 2016, which, to the extent appealed from as limited by the briefs, granted defendant’s motion dismissing in part the complaint, unanimously affirmed, with costs.
The IAS court properly found that article 4 of the parties’ lease precludes plaintiff, a commercial tenant, from bringing any claim against defendant landlord for inconvenience, annoyance, or injury to plaintiff’s business. This Court has repeatedly interpreted substantially identical lease provisions in this way (see e.g. Bowlmor Times Sq. LLC…
2Cases cited5 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Periphery Loungewear, Inc. v. Kantron Roofing Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- International Plaza Associates, L.P. v. LacherAppellate Division of the Supreme Court of the State of New York · 2009
- Reade v. 405 Lexington, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by2 opinions
- American Youth Dance Theater, Inc. v. 4000 E. 102nd St. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Chaitman v. MoeziniaAppellate Division of the Supreme Court of the State of New York · 2019